COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Thursday, February 28, 2002 10:15 a.m. Room 400, City Hall Philadelphia, PA PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE L. BLACKWELL COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN W. THACHER LONGSTRETH COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, Deputy Chief Clerk VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 2/28/01 STATED - GREETING/INVOCATION
Good morning. I note that the hour has come and that a quorum of Council is present. The council will come to order, members will return to their seats, and visitors will retire to the seats outside the rails. To give our invocation this morning, the Chair welcomes Reverend Donald Graves, Pastor of the New Life Presbyterian Church. Reverend Graves is here today as a guest of Councilman Goode. All members and guests will please rise. (All rise.)
Thank you, Madam President and distinguished members of Council. I'd like to tell one of my favorite stories because I think it's appropriate to addressing this body. It's a story of a young fellow named Timmy, and it's a true story, Timmy and a friend that he made in his town who was a blacksmith in the early part of this century, the latter half of the last century, somewhere in that time. And Timmy and the blacksmith became good friends, and Timmy would go there as a young 2/28/01 STATED - GREETING/INVOCATION 10-year-old boy and begin learning the trade and the crafts, and they became very, very good friends. , the whole town, this little small town, was up in a commotion, and everybody came running out of the town. And there was Timmy's house in flames, a three-story house caught up in flames. " And the blacksmith got there, and the people, maybe a crowd similar to this, was standing around, looking at Timmy, and the flames had engulfed the first floor and the major part of the second floor. " And there was his friend the blacksmith there, with this large crowd of people looking up. And the only way to get up to the third floor was an old wrought-iron fire escape, the kind you would jump up and have to pull down. But the flames from the first floor and 2/28/01 STATED - GREETING/INVOCATION now on the second floor and heated that wrought iron steel to an immense proportion, and the blacksmith said, "Someone help me up," and they lifted the blacksmith up and he grabbed the first rung, but the heat was so hot that he couldn't hold on, and he let go and fell back down. "Help, help, someone help me," Timmy cried. And the blacksmith said, "Someone help me up," and they hoisted him up and he grabbed the rung (sound of sizzling flames), and made it to the second floor. " (Sound of sizzling flame) the flames having heated the wrought iron to immense proportions. " And he begins to climb down, and he made it just about to the second floor, and he fell. But Timmy and the blacksmith survived. Timmy's parents and all of his family died. And the blacksmith's hands were burned beyond recognition right to the bone, but they lived. And the month passed by, and in this small town, they said, "Someone needs to adopt Timmy," 2/28/01 STATED - GREETING/INVOCATION and several families came forward. " And the judge said, "Very well. " And the blacksmith came forward. He was not a man of means and wealth, but he came forward, and the judge said to him, "Sir, what do you have to offer? He said "These, Your Honor" (holding up hands palm-up). " And Timmy went with the blacksmith. We know who Timmy is, don't we? Timmy lives in our district, Timmy lives in this great city. I have seen Timmy in my work with Habitat For Humanity in North Philadelphia; I've seen Timmy in my work, helping seniors who have become victims of predatory lending; I've seen Timmy in my work as a minister; and you've seen Timmy also. " There are those who will gather and say, "We need to vote and outlaw fire. " Then there's a group of folk who say, "No, someone lift me up. " it wouldn't be that you served three or four terms, it wouldn't be this, that or the other. But when you're asked the question, "And what exactly did you have to offer the people of this city," you'll say, "These, Your Honor, these" (holding up hands). Gracious God and Heavenly Father, we thank you that you have called this body of people to 2/28/01 STATED - GREETING/INVOCATION execute justice for the marginalized and for those whose voice is not heard. We ask, O, Great God, that you'd grant wisdom in discretion and honesty and justice in their hearts. I ask that you would grant them courage to grab the hot rungs of the fire escape and to climb through pain and indeed rescue the Timmy that lives in this city. We ask this in the name of the Lord Jesus Christ. Amen.
Amen. The Chair thanks Reverend Graves for his very inspiring invocation. Council will be at ease. (Council stands at ease.) 2/28/02 STATED - APPROVAL OF 2/21/02 JOURNAL
The next order of business is the approval of the Journal of the meeting of Thursday, February 21, 2002, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I move that the Journal of the meeting of Thursday, February 21, 2002 stand approved.
It has been moved and properly seconded that the Journal of the meeting of Thursday, February, 21, 2002 stand approved. All in favor will signify by saying aye. Those opposed? The ayes have it and the Journal of the meeting of Thursday, February 21, 2002 stands approved. 2/28/02 STATED - APPROVAL OF 2/21/02 JOURNAL
The next order of business is requests for leaves of absence, and the Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.
The Chair thanks the Councilwoman. (Council President strikes gavel.)
The noise level is really much too high. Anyone having conversations, please do so in the corridor so that we can at least conduct our business in an orderly fashion.
Madam President, there's no requests for leaves of absence from the Republicans.
The Chair thanks the gentleman. 2/28/02 - VISITOR RECOGNITION, PRESENTATIONS
The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in chambers this morning. On behalf of all members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative affairs of our City. We certainly invite you to come again. At this time, the Chair recognizes Councilman Rizzo, who will present a resolution recognizing the YMCA Black Achievers Program and designating February 28, 2002 as "YMCA Black Achievers Day." (Councilman Rizzo comes forward.)
Will Miss Linda White and those accompanying her please join the Councilman at the podium.
Madam President, could I ask my colleagues Councilwoman Blackwell, Tasco, Donna Reed Miller and Councilman Clarke to join me, please. (Councilmembers come forward.) 2/28/02 - VISITOR RECOGNITION, PRESENTATIONS
Thank you, Madam President. This resolution is recognizing the YMCA Black Achievers Program for all that it has done to build and promote strong kids, strong families, and strong communities, and designating Thursday, February 28th, the year 2002, as "YMCA Black Achievers Day"; and Whereas, the purpose of the YMCA Black Achievers Program, when it was founded in 1971, was to help minority youths set and achieve high educational and professionals goals through interaction with successful African-American adults; and
Whereas, the YMCA Black Achievers Program was established with the following goals and objectives: Overcoming barriers that affect successful completion of high school and successful transition to college or vocational training; acknowledging minority adults who have achieved professional successes; creating channels for continuing community involvement by 2/28/02 - VISITOR RECOGNITION, PRESENTATIONS business and industry; exposing African-American youth to a variety of career or vocational options; connecting with other organizations and programs in order to recruit adult volunteers and youth participants; and establishing relationships with businesses, colleges, and service-providers that can provide program resources; and
Whereas, the Black Achievers Program seeks to promote and teach the YMCA character values: Respect, honesty, caring, and responsibility. These character values are enhanced by the career cluster workshops where youth and professionals interact in activities such as career exploration and workplace tours, life skills and self-esteem workshops, college tours and scholarship opportunities, cultural activities, mentoring and advising; and
Whereas, the Black Achievers Program has operated in the Philadelphia area since 1991. Over 1200 youth have benefitted from interacting with successful adults from diverse communities citywide; now, therefore...
Resolved by the Council of the City of Philadelphia that it hereby 2/28/02 - VISITOR RECOGNITION, PRESENTATIONS recognizes the YMCA Black Achievers Program for all that it does to build and promote strong kids, strong families, strong communities, and designating Thursday, February 28, 2002 as "YMCA Black Achievers Day."
Further resolved that an engrossed copy of this resolution be presented to Miss Linda White, Director of YMCA Black Achievers Program, as evidence of the sincere sentiment of this legislative body. Linda? (Applause.)
Thank you. This is a day that I'm going to remember for a long time as recognition of the important work that the YMCA does in helping African-American youth achieve success. I would like to thank the program volunteers under the leadership of Gary Burgess, who is here with me today. I would also like to thank Jarrett Dyer, the Director of the Central Branch YMCA; Alan Schaeffer, the President and CEO 2/28/02 - VISITOR RECOGNITION, PRESENTATIONS of the YMCA of Philadelphia; and Dave Simpson, Chief Operating Officer. I'm thanking them for their support of the program and their commitment to a success. I would also like to thank the students that are here today as well -- Ramone, Dawn, Paula, Nicole, and Melody -- for their inspiration. And thank you, Councilman Rizzo, and the other members of the City Council for this honor. (Applause.)
Council will be at ease. (Council stands at ease.) 2/28/02 STATED - COMMUNICATIONS
The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the clerk; the clerk will please read messages from the Mayor.
To the President and Members of the Council of the City of Philadelphia: I am pleased to advise you that I have signed the remaining bills that were passed by Council at its session on February 14, 2002; And I have decided to allow Bill No.'s 010617 and 010666 to go into law without my signature. (Applause.)
The messages will be printed in The journal. The clerk will please read any other communications in her possession.
Thank you. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
The next order of business is the introduction of bills and resolutions, and the Chair recognizes Councilwoman Blackwell for a motion.
Thank you, Madam President. I move that the rules of Council be suspended so as to permit immediate consideration of resolutions at their time of introduction. (Duly seconded.)
It has been moved and properly seconded that the rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. At this time, we will consider a special order of business, a resolution recalling Bill No. 010340. The Chair recognizes Councilwoman Tasco.
Madam President, I move that -- I offer this resolution.
The clerk will 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS please read the title of the resolution.
A resolution requesting the Mayor to return to Council Bill No. 010340, an ordinance amending Section 10-602 of the Philadelphia Code with respect to smoking on any vehicle of public transportation and in any vehicle, transit station, or fare-paid area; and increasing the amount to be paid in response to a violation notice, all under certain terms and conditions.
I just want to explain to my colleagues the reason for the recall of this bill. We had introduced it at the request of the Administration, but in the meantime, we have learned of some incidents that have happened on the subway that we need to really fully explore. So I think having bill go back to committee and having further discussion about the implications and what 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS safeguards we can put in to protect citizens. That's why I'm recalling the bill.
I move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The clerk will please read the letter from the Mayor.
To the President and members of the City Council of Philadelphia: I am returning herewith, as requested by your resolution adopted February 28, 2002, Bill No. 010340, an ordinance amending Section 10-602 of the Philadelphia Code with respect to smoking on any vehicle of public transportation and in any vehicle at a transit station or fare-paid area; and 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS increasing the amount to be paid in response to the violation notice to waive a court appearance, all under certain terms and conditions.
The Chair recognizes Councilwoman Tasco for a motion that Council reconsider the vote by which Bill No. 010340 was passed.
Madam President, what I would like to do is recommit the bill to committee.
All in favor will signify by saying aye. Those opposed? The ayes have it, and the bill will be placed on next week's second-reading and final-passage calendar, at which time it will be recommitted to the appropriate committee.
Thank you, Madam President. I have no bills or resolutions today. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you, Madam President. I would like to thank my colleague for considering that there were other issues and other implications for that bill. And this morning, I introduce two resolutions: One on your behalf and one on my own.
Thank you. The clerk will read the title of the first resolution.
A resolution calling on the State legislature of the Commonwealth of Pennsylvania to condemn Section 4.24 of the Pennsylvania Code, enacted January 1999, that mandates the placement of the Pennsylvania seal on select high school diplomas based on PSSA scores taken this year by the11th-graders across the State.
Madam President, 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The clerk will please read the title of the second resolution.
A resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City of Philadelphia deeds located in the 30th, 36th, 40th, and 51st Wards of the City of Philadelphia.
Madam President, I move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS All those in favor will signify by saying aye. Those opposed? The ayes have it mand the motion carries. At this time, the Chair recognizes Councilman Nutter
Thank you, Madam President. Thank you for taking me out of order. Madam President, there are a group of adults who are students in Local 1199-C's parent training program that is run by Mr. Henry Nicholas. They are here today because of their concerns about education. The training program in which participating in helps do organizing and training for parents who care about public education, and I wanted to have this opportunity to recognize those parents who came here today to see the activities of City Council.
We thank you for joining us. If you would stand, we would like to recognize you. (Applause.)
Thank you, Madam President. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
At this time, the Chair recognizes Councilman Cohen.
Thank you, Madam President. I offer two resolutions, each of which requires a vote by the Council.
The clerk will please read the title of the first resolution.
A resolution authorizing the City Council Committee on Law and Government to investigate the reason for and cause of the increased cost of residential construction in the City of Philadelphia and to explore strategies and initiatives which would encourage developers to build new housing and to restore the existing housing stock in the City.
This resolution will be referred to the appropriate committee.
Point of order, Madam President. I believe it requires a vote because it calls for hearings.
Oh, I'm sorry All of those in favor of the adoption of the resolution will say aye. Those opposed? 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The ayes have it, and the resolution will be referred to the appropriate committee. The clerk will please read the title of the second resolution.
A resolution urging the Mayor to immediately take all necessary steps to provide continuing health and prescription benefits to spouses and dependents of non-represented employees who die while still working for the City after reaching retirement age.
Madam President, I move for the adoption of the resolution. (Duly seconded.)
All of those in favor of the adoption of the resolution will say aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Krajewski.
Madam President, I have no bills or resolutions today. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
The Chair thanks the Councilwoman. The Chair recognizes Councilman Mariano.
Madam President, I have no bills or resolutions today.
Thank you. The Chair recognizes Councilwoman Tasco.
The clerk will please read the title of the resolution.
A resolution honoring the Junior ROTC of Roxborough High School and its drill team.
Madam President, I move for the adoption of the resolution (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilwoman Miller.
Thank you, Madam President. I have no bills or resolutions.
Thank you. The Chair recognizes Councilman Nutter
Thank you, Madam President. I offer four resolutions, two of which were privileged; the other two need to be referred to committee.
The clerk will please read the title of the first resolution.
A resolution honoring and congratulating Oliver St. Clair Franklin on his receipt of the Most Excellent Order of the British Empire Commendation.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the motion carries The clerk will please read the title of the second resolution.
Thank you, Madam President. I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the motion is carried.
The clerk will please read the title of the third resolution. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
A resolution also naming the 2100 block of North 49th Street as Kearsley Way.
Madam President, I move the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has been adopted. The clerk please read the next resolution.
A resolution also naming that part of Monument Road from Wynnefield Avenue to North 49th Street as Kearsley Road.
Madam President, I move the adoption of the resolution. (Duly seconded.) 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? (None opposed.)
Should they be referred to the Streets Committee? Shouldn't the last two bills be referred to the Streets Committee?
Thank you, Madam President. In those situations, we're not changing the name of the street; it's going to be an "also-known-as." They'll create the new signs with green and orange markers. And in the past, they've been done by resolution.
Thank you, 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS Madam President. I have two resolutions: One privileged resolution and one to be referred to committee; and one bill on behalf of Councilman Goode and myself.
Thank you. The clerk will please read the first resolution.
A resolution authorizing the City Council Committee of Public Health and Human Services to hold hearings regarding access to proper nutrition for low-income children and families in Philadelphia as well as to investigate potential solutions to this health threat.
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed?? 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The ayes have it, and the resolution will be referred to the appropriate committee. The clerk will please read the title of the second resolution.
A resolution calling on all developers to honor the obligations of Philadelphia's Percent for Art Program when building in the City.
A resolution. Call for the motion. Move for the adoption. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS The ayes have it and the motion carries. The clerk will please read the title of the ordinance.
An ordinance amending Chapter 1902600 of the Philadelphia Code, entitled "Business-Privilege Taxes," by eliminating the prepaid structure of the tax by clarifying the period to be used in computation of the tax requiring by requiring the payment of an estimated payment by ensuring the gains from the termination of the business are subject to tax, all under certain terms and conditions.
This bill will be referred to the appropriate committee. Councilman Mariano, your light is on; did you want to recognized?
Yes, Madam President. Madam President, I'd like make a correction on a vote -- Councilman Cohen's resolution authorizing the Council [sic] on Law and Government to investigate the reasons for housing. I'd like to be recorded as voting no for that; it just got past me, it's my fault.
The record will 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS so indicate that. Thank you very much. The Chair recognizes Councilman Goode.
Thank you, Madam President. I have one bill, the new jobs tax credit bill introduced by 16 members of Council.
Thank you. The clerk will please read the title of the bill.
An ordinance amending Chapter 19-2600 of the Philadelphia Code, entitled "Business-Privilege Taxes," by establishing a program under which a job-creation tax credit will be given to certain businesses creating new jobs in the City of Philadelphia, all under certain terms and conditions.
This bill will be referred to the appropriate committee. And the Chair recognizes Councilman Ortiz.
Thank you. The Chair recognizes Councilman DiCicco.
Thank you, Madam President. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS I offer two resolutions that have been signed by the majority of members of City Council and three bills.
The clerk will please read the title of the first bill.
An ordinance amending Section 9-204 of the Philadelphia Code, entitled "Sidewalk Vendors in Center City," by exempting sidewalk sales by owners and tenants on the properties of the 900, 1000, 1100, 1200, and 1300 blocks of Pine Street.
The bill will be referred to the appropriate committee.
And an ordinance amending Section 9-204 of the Philadelphia Code, entitled "Sidewalk Vendors in Center City," by exempting sidewalk sales by owners and tenants of 105 South 12th Street, all under certain terms and conditions.
This bill will also be referred to the appropriate committee.
And an ordinance amending Section PM-309 of the Philadelphia Code, entitled "Emergency Nuisance Abatement Program," by adding 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS the 25th, 31st, and 45th Wards to the designated areas in which properties must be located, all under certain terms and conditions.
The bill will be referred to the appropriate committee. The clerk will please read the title of the first resolution.
A resolution urging the Pennsylvania General Assembly that to enact legislation that grants municipalities the authority to declare an area a nuisance district and to place a moratorium on the issuance of all liquor licenses in that area.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it, and the resolution has 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS been adopted. The clerk will please read the title of the second resolution.
A resolution urging the Pennsylvania General Assembly to outlaw slot machines in Pennsylvania airports.
Thank you, Madam President. I move the adoption of the resolution.
It has been moved and properly seconded that the resolution be adopted. All in favor will say aye. Those opposed? The ayes have it and the resolution has been adopted. The Chair recognizes Councilman O'Neill.
The clerk will please read the title of the first bill.
An ordinance authorizing the paving of Reilly Road and Cromwell Avenue, under 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS certain terms and conditions.
This bill will be referred to the appropriate committee.
And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 358 by striking from the City Plan Whitman Street from Hammond Avenue to Jamison Street.
This bill will be referred to the appropriate committee. The Chair recognizes Councilman Clarke.
Thank you, Madam President. I have one bill and one resolution.
The clerk will please read the title of the bill.
An ordinance amending an ordinance approved January 3, 1992 (Bill No. 1205-AA) which, pursuant to Section 9-204 of the Philadelphia Code, designates the locations in Center City at which vending is permitted by deleting all permitted vending locations on the east side of 17th Street between Arch Street and John F. Kennedy Boulevard.
The bill will be 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS referred to the appropriate committee.
And a resolution authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority of the City deeds located in the 16th, 28th, 32nd, and 47th Wards of the City.
Move for the adoption of the resolution. (Duly seconded.)
It has been moved and properly seconded that the resolution be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Longstreth.
Thank you, The Chair recognizes Councilman Rizzo. 2/28/02 STATED - INTRODUCTION OF BILLS, RESOLUTIONS
The Chair thanks the gentleman today 2/28/02 STATED - SECOND READING - BILL 020036
Our next order of business is consideration of the calendar. There are no bills on our first-reading calendar. Therefore, the Chair recognizes Councilwoman Blackwell for the purpose of calling up the bills on the second-reading and final-passage calendar.
Thank you, Madam President. Today Bill No. 020036 will be called up for second reading and final passage. All other bills are being held.
Thank you. The clerk will please read the title of Bill No. 020036.
An ordinance amending Bill No. 010694, an ordinance authorizing and approving the execution and deliver of a service agreement between the City of Philadelphia and the Redevelopment Authority relating to a comprehensive Neighborhood Transformation Program for revitalization, renewal, redevelopment, and 2/28/02 STATED - SECOND READING - BILL 020036 transformation of blighted areas within the City of Philadelphia, all under certain terms and conditions.
This bill having been read on two different days, the question now is, shall the bill pass finally? The clerk will please call the roll.
Yes. (Councilman Kenney confers with Council President Verna off the record.)
Thank you, Madam President. Thank you for recognizing me for the purpose of offering an amendment to this bill. This amendment was circulated yesterday afternoon by fax to Councilmembers' offices and also circulated this morning on each member's desk. I believe the Chief Clerk has it, and at your suggestion, I would move the amendment and have it read into the record if possible. 2/28/02 STATED - SECOND READING - BILL 020036 (Duly seconded.)
Okay. The clerk will please read the amendment. (Copy of amendment attached hereto.)
Amend Section 1 of the bill, which amends Sections 1 through 7 of Bill No. 010694, by adding subsection 7(f) and 7(g) to Bill No. 010694 to read as follows: (f). During the duration of the Service Agreement authorized by this Ordinance, no contract, including, but not limited to, professional service contracts funded whole or in part from bond proceeds, in conjunction with the NTI Program, shall be awarded except to the lowest responsible bidder through a competitive process, and unless approved by Ordinance by Council, shall not be for a period of more than one year, inclusive of any automatic renewal or optional extension provisions. (g). No individual, partnership, proprietorship, corporation, or other form of business organization that is a party to any contract funded in whole or in part from bond 2/28/02 STATED - SECOND READING - BILL 020036 proceeds, in conjunction with the NTI Program, shall make a political contribution to any candidate for Philadelphia office during the entire duration of their contract. For the purposes of this Ordinance, a candidate for Philadelphia office shall be considered any person running for election to or currently occupying the offices of Mayor, City Controller, District Attorney, City Commissioner, Register of Wills, Sheriff, Clerk of Quarter Sessions or City Council of the City of Philadelphia.
I move the adoption of the amendment. (Duly seconded.)
Excuse me. There are two lights on: Councilwoman Blackwell and Councilman Goode.
I would the opportunity to speak on the amendment. It's been moved and seconded.
Thank you, Madam President. 2/28/02 STATED - SECOND READING - BILL 020036 We have in Council here, with your leadership, worked very hard to try to gain some fiduciary and programmatic oversight over this very important and historic effort to redeem our neighborhoods in the City of Philadelphia from blight and the other problems associated with blight. The majority of the Council has decided otherwise and voted, instead, to allow the Mayor to make the lion's share of the decisions on this issue. This city is constantly paying inflated prices for contracts to big campaign contributors. Companies that could more cost-effectively and do better work don't get an opportunity to win the contract because they don't play the politics. Ending this corporate welfare would open the process, save taxpayers money, improve the blight elimination program by hiring the best contractors for the job. Our new Procurement Commissioner candidly earlier this week that "This is the first city where I've worked where politics is a major role-player in the awarding of contracts." A federal judge recently stated, "There is 2/28/02 STATED - SECOND READING - BILL 020036 no moral distinction between Mayor Street's pay-to-play political philosophy, which rewards campaign contributors with City business and commercial bribery" -- his words, not mine. Mayor Street was quoted as saying during his campaign, "The people who support me in the election have a greater chance of getting business from my administration." This amendment is modeled on the ethics provisions, which have been upheld in Chicago, strictly limiting political contributions from those who do business with a city. Most cities across this country have implemented limits on how much an individual or organization can contribute to a political candidate. For far too long, the perception of "pay to play" has been a dark cloud hanging over City Hall, and I have proposed this amendment to spare the Neighborhood Transformation Initiative from that same perception; otherwise, it's only a matter of time before the media will write more stories accusing contributors of having unfair influence over NTI's policy decisions and contractual arrangements. 2/28/02 STATED - SECOND READING - BILL 020036 In the likely event that this amendment will fail, I will be voting against the bill. I will not give my approval to this fraud which will be perpetrated upon the beleaguered taxpayers of this city. After all, this $300 million in tax-supported debt is not the Mayor's money, it's not Council's money, it's their money. And time will tell, but I am confident, based on past actions of this administration, this program will either fail or fall far short of our citizens' very high expectations. Most of its failure will, in my opinion, be related directly to the disgraceful pay-to-play system that this fine city is saddled with and whose leadership refuses to change it. Thank you, Madam President.
Thank you. The Chair recognizes Councilman Goode.
Thank you, Madam President. I'd like the advice of Chief Counsel on whether this amendment is actually legal rather than just political.
Do you want the 2/28/02 STATED - SECOND READING - BILL 020036 advice now?
I want to know whether the amendment is actually legal, both provisions.
I believe we would have to get an opinion from the City Solicitor.
Councilman, no one on the technical staff or the President's staff has researched this issue. It is an amendment that was prepared by Councilman Kenney and Councilman Kenney's staff. The first we saw it was when it was faxed around yesterday, and I'm not prepared to give that type of advice to either Councilman Kenney or yourself. Furthermore, if it's considered illegal, it would have to come from the City Solicitor's Office, so at any time, you could request that the City Solicitor issue an opinion on the amendment.
Based on that, Madam President -- we've held up NTI long enough -- I 2/28/02 STATED - SECOND READING - BILL 020036 move that we not even consider the amendment.
I think there's a motion on the floor. The Chair recognizes Councilwoman Tasco.
Thank you, Madam President. As much as I'd like to help Councilman Kenney, I had asked him to bifurcate this because I could support Item i, but g is a little more complicated because we never know who will be a part of this program, and certainly there are people who supported all of us who may or may not get it, and since we don't give out contracts, I believe it places ourselves in an awkward situation. So I cannot support the amendment because of the way they are presented.
Thank you. The Chair recognizes Councilman Kenney for a motion.
Is there a second? 2/28/02 STATED - SECOND READING - BILL 020036 (Duly seconded.)
All those in favor will say aye. A roll-call vote. The clerk will please call the roll.
Councilwoman Miller? 2/28/02 STATED - SECOND READING - BILL 020036
No. The vote is 12 ayes, the nays are 5 -- I'm sorry, it's reversed. The ayes are 5, the nays are 12. The motion fails. (Applause.)
We will now vote on the bill The clerk will please call the roll.
Aye. 2/28/02 STATED - SECOND READING - BILL 020036
Aye. The ayes are 16, the nays are 1. A majority of all Councilmembers having voted in the affirmative, the bill passes. (Applause.)
This concludes our calendar for today. 2/28/02 STATED - ADJOURNMENT
Are there any speeches on the part of the Minority? (No speeches on the part of the Minority.)
Are there any speeches on the part of the Majority? (No speeches on the part of the Majority.)
Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.
Thank you, Madam President. I move that Council stand adjourned until Thursday, March 7, 2002, at 10 a.m.
It has been moved and properly seconded that Council stand adjourned until Thursday, March 7, 2002. All in favor will say aye. Those opposed? The ayes have it, and Council will stand adjourned until Thursday, March 7th, at 10 a.m. 2/28/02 STATED - ADJOURNMENT Thank you all very much. (Proceedings end at 11:05 a.m.) CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, February 28, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. RE: STATED MEETING _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)